17.22.040: SUBDIVISION PROCESS:
Any development within the area of city impact, requiring a subdivision plat shall follow the process set forth in this section:
   A.   Preapplication Meeting (Bannock County): Bannock County planning staff will meet with applicant and will review with the applicant the proposed uses of the property and determine the uses' conformance with Bannock County's comprehensive plan. County staff will provide the applicant with appropriate information regarding the subdivision standards and procedural requirement of both Bannock County and the city of Chubbuck.
   B.   Conceptual Plan Phase (Bannock County):
      1.   Bannock County will receive conceptual plans in quantity and size sufficient to mail a copy to appropriate agencies including the land use and development commission and the planning staff of the city of Chubbuck.
      2.   The requirements of the county for fees and application process shall apply for the conceptual plans.
      3.   Upon receipt of the plans by the city of Chubbuck, the planning staff shall review and provide comments to the land use and development commission for its next regularly scheduled meeting. Any comment by the city planning staff and the land use and development commission shall be compiled by the city planning staff and forwarded to the Bannock County planning office. Such comments shall be submitted by the city to the county within five (5) weeks of the city's receipt of such plans.
      4.   Bannock County planning and development council shall hold a public hearing on the proposed subdivision and shall provide the city of Chubbuck planning staff with notice of the public hearing. The city may attend the public hearings as an interested party.
      5.   After the public hearing before the county planning and development council, the county planning staff shall determine if the applicant desires to proceed to the preliminary plat stage. If the applicant desires to proceed, the county planning staff shall prepare a concept report detailing the conditions and issues to be addressed by the applicant at the preliminary plat stage. The report will be provided to the city planning staff for presentation at the preliminary plat phase of applicant's project.
      6.   Applicant may appeal the concept report prepared by the county planning staff to the Bannock County commissioners. The commissioners may approve the report, overrule specific parts of the report or may remand the matter back to the county planning staff for further consideration.
   C.   Preliminary Plat Phase (City Of Chubbuck):
      1.   The applicant shall submit a preliminary plat to the land use and development commission of the city of Chubbuck; provided said preliminary plat shall be prepared in accordance with the conditions and issues addressed by the concept report prepared by the Bannock County planning staff.
      2.   The city of Chubbuck's fees and form of application for preliminary plat shall apply.
      3.   The preliminary plat will proceed for consideration by the city of Chubbuck in accordance with this title and title 18 of this code with the following additions:
         a.   A copy of the proposed preliminary plat will be provided to Bannock County planning staff for review.
         b.   Chubbuck shall provide Bannock County planning staff with notice of the meeting of the Chubbuck land use and development commission at which time the preliminary plat will be considered. The conditions or concerns compiled by the county planning staff with respect to the preliminary plat shall be forwarded to the city planning staff prior to the land use and development commission and such shall be made part of the record considered by the land use and development commission.
         c.   The city staff report about the preliminary plat application as well as the recommendations of the land use and development commission shall be provided to the county planning staff.
   D.   Final Plat Review (Bannock County And City Of Chubbuck):
      1.   Final plats shall proceed according to the procedures used by both Bannock County and the city of Chubbuck with the following requirements:
         a.   Final approval by both Bannock County and the Chubbuck city council is required before the plat is effective.
         b.   Any substantive change made to the final plat by Bannock County, including any relaxation of standards from the preliminary platting process, any increase in the number of lots or the density of project shall require a return to the preliminary platting phase of the city for review and approval.
         c.   Once approved by both the county and the city, the county will ensure all appropriate signatures, including those of the city, are affixed to the final plat. The county will provide the city a file copy of the final recorded plat.
      2.   The form of application and fees required by both the county and the city shall apply to final plats.
      3.   By agreement, the Chubbuck city council and the Bannock County commissioners may meet in a joint session for purposes of reviewing a final plat subject to the provisions of this section but such joint session is not required. Each may consider the final plat separately at either a regular or a special meeting called for that purpose.
      4.   If at any point in the subdivision review process, the county or the city impose conditions or requirements which are in conflict with those of the other body or there appears to be disagreement in what is required, the subdivision ordinances of the city, including the review process used by the city, shall take precedence in deciding final resolution of the matter as is allowed under Idaho Code section 50-1306. (Ord. 496 §1, 1998)